Birkhold v. Birkhold
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The Supreme Court affirmed the decision of the trial court granting both Plaintiff's motion for modification of alimony and Defendant's postjudgment motion for contempt, which resulted in the trial court finding Plaintiff in contempt and awarding Defendant past due alimony and attorney's fees, holding that there was no error.
After a hearing, the trial court awarded Defendant past due alimony in the amount of $249,570 and attorney’s fees and costs in the amount of $80,000. The trial court also granted Plaintiff’s motion to modify his alimony obligation and found Plaintiff in contempt for willfully violating the parties' "clear and unambiguous" separation agreement. The Supreme Court affirmed, holding that the trial court (1) correctly interpreted the parties' separation agreement, and its findings were not clearly erroneous; (2) did not abuse its discretion in awarding alimony; and (3) did not abuse its discretion in finding Defendant in contempt.
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